NEWS
NEWS
After drinking, the woman climbed over the elevator handrail and was injured and disabled. She claimed 850000 yuan from the store. The court decided so!
2024-05-14
author：
Page view：
After drinking, the woman climbed over the elevator handrail and was injured and disabled. She claimed 850000 yuan from the store. The court decided so!
Who is responsible for personal injury when taking an elevator in a mall? The customer himself or the mall operator?
map source network
Recently, the Xiangzhou Court of Zhuhai City sentenced a dispute caused by a fall on a ladder in a shopping mall. The customer, Miss Zhang, sued the shopping mall for compensation for her loss of 850000 yuan. The shopping mall refused her request on the grounds that she had fulfilled her security obligations.
Can Miss Zhang's appeal be supported? The mall has endless security obligations? The court gave such a judgment......
Fall down the elevator and hurt, a paper complaint for compensation.
On a certain night in June 2020, Miss Zhang and her boyfriend had dinner at a shopping mall in Zhuhai, drinking about a catty of whiskey during the dinner. After the meal, when the two took the escalator down from the third floor, Miss Zhang's handbag fell on the steel frame outside the elevator.
Later, Miss Zhang went back to the elevator entrance on the third floor, walked back and forth on the elevator many times, and tried to climb over the elevator guardrail. After that,Miss Zhang crossed one leg over the elevator handrail, sat on the handrail and slid down with the elevator, then fell to the protective net outside the elevator and fell to the ground floor again.
After the fall, the next customer to help it call the emergency number, the mall security immediately arrived and the police. Miss Zhang was hospitalized for 23 days and spent about 140000 yuan on medical expenses and nursing expenses. She commissioned an appraisal agency to carry out the disability grade appraisal. The appraisal opinion was grade 9 disability for bilateral ribs and grade 10 disability for left hip joint.
On March 23, 2021, Ms. Zhang sued the mall to the court on the grounds that the mall had not fulfilled its security obligations, demanding a total of 850000 yuan in medical expenses and mental damage compensation for the mall's compensation period.
Miss Zhang: The store is liable for compensation if it fails to fulfill its security obligations.
When customers enter the mall as consumers, the mall shall protect their personal and property safety,The store did not fulfill its security obligations.
First of all, the store staff watched Miss Zhang's dangerous elevator ride all the way, but failed to dissuade and stop it in time. Secondly, the store did not mark warning signs and safety precautions in obvious positions, did not establish and improve the elevator risk prevention and emergency rescue safety management system, and did not immediately stop operation when there were hidden dangers in the use of the elevator. Finally, the mall is not equipped with elevator safety management personnel in accordance with the law and ensures that they are on duty during the elevator operation, the elevator is not equipped with effective protective measures.
To sum up, the shopping mall did not use and manage the elevator in accordance with the law, and failed to fulfill its full security obligations, and should be liable for Miss Zhang's loss.
Shopping mall: has fulfilled the obligation of safety and security, the plaintiff should bear the responsibility
First of all, the elevator is inspected annually by the competent department, meets the safety standards, and has been marked with the correct use method. Secondly, Miss Zhang's fall was caused by her intoxication ignoring her own safety and crossing the escalator after repeated dissuasion by the store security. Finally, the store has specially set up a safety barrier at the entrance of the elevator to prevent the elevator passengers from touching or entering the dangerous area outside the handrail.
To sum up, in this case, Miss Zhang is a person with full capacity for civil conduct, but she was drunk and injured by using the elevator abnormally,The mall has fully fulfilled its security obligations that should be possible, and should not be liable for compensation for Miss Zhang's fall.
Clarify the boundaries of obligations and reject claims.
The Xiangzhou Court found that the construction, maintenance and operation of the escalator involved in the case were not abnormal, and there was also a guardrail on the side of the escalator high enough to ensure the safety of users,In the case of normal use of the elevator, it is impossible for the customer to fall out of the guardrail and be injured. As an operator, the defendant store has fulfilled its full safety guarantee obligations.Miss Zhang was injured because she climbed over the elevator while walking in the mall after drinking alcohol. There is no fault in the mall that the mall has not fulfilled its safety obligations.
As for Miss Zhang's claim that the mall staff did not prevent her from crossing the elevator, the court held that,According to the objective reality, it is impossible for the mall to equip each customer with a special administrator to find and stop the dangerous behavior of customers at any time.
At the time of the incident, Miss Zhang suddenly and deliberately climbed over the elevator and fell and was injured. It was unpredictable and impossible for the store staff to prevent it. The plaintiff, Miss Zhang, demanded compensation from the store, which was unfounded in law.
On this basis, the Xiangzhou Court made a judgment to reject the plaintiff Miss Zhang's claim. The plaintiff and the defendant did not file an appeal after receiving the court's judgment.
Source: New Express
If there is infringement, contact Li delete
Keywords:
AVIC Elevator Equipment, AVIC Elevator, Elevator Sales, AVIC Elevator Sales, Elevator Maintenance
Contact us
Address: Emei Mountain Road, Gaoping Industrial Park, Huichuan District, Zunyi City
Public account
Mobile terminal
Copyright © 2024 CHINA AVIATION GUIZHOU ELEVATOR CO.,LTD All Rights Reserved